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Duties of a Legal Malpractice Attorney:
Have you or a loved one been injured in an accident or through the willful negligence of others? Sometimes incidents can be resolved through personal insurance or through a small claims court. Every once in a while it can be probably best to drop it and move on.
But sometimes you really need someone to take your side. Someone that will really fight for your cause. A person who can really fight for your side. Those are the times you really need a Navajo County personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is nearly impossible. But keeping cool and logical can make the difference between getting the appropriate price or dropping the case a permanently awful situation.
An experienced Navajo County personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even get the potential consequences of what might occur until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Navajo County Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A PIL usually tackles a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And finally, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always the best situation for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Navajo County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!